Aparesh Kumar Singh, J: Heard counsel for the parties.

2. By Order dated 17th June 2014, following questions of law have been referred for consideration before this Bench by the learned Single Judge.

(i) Whether in a criminal proceeding a 'Caveat Application' is required to be filed as provided under Section 148(A) of the Code of Civil Procedure?

(ii) Whether the informant and the victim, who are ultimate sufferer of a criminal case, have legal right to appear, in a proceeding initiated at the instance of accused, through a private lawyer as per the provisions contained under Section 301(2) of the Cr.P.C., as well as the law laid down by the Hon'ble Supreme Court in the case of J.K. International case (Supra)?

3. The background for making such a reference is as follows:

In a Habeas Corpus petition being W.P.(HB Cr.) No. 95/20212 (Bibi Samsha Khatoon vs. The State of Jharkhand & others), the learned Division Bench of this Court after finding that vakalatnama have been accepted on behalf of the respondent no. 5 by the Registry of the Court without any notice ever been issued to him, has held as follows:

"1. Counsel appearing for the petitioner has argued out the case at length